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HomeMy WebLinkAbout05524 ORD - 10/14/1959m li : 9 -9 -s9 . I - AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, A LEASE AGREEMENT WITH THE CORPUS CHRISTI BANK AND TRUST COMPANY, TRUSTEE, AS LESSEE, CERTAIN LANDS DESCRIBED IN SAID LEASE, BEING SEVEN TRACTS OF LAND OUT OF THE NEW MUNICIPAL AIRPORT PROPERTY, FOR A TERM OF 30 YEARS FROM THE DATE OF EXECUTION OF SUCH LEASE BY THE CITY; SAID LEASE AGREEMENT HAVING BEEN AUTHORIZED BY THE QUALIFIED VOTERS AT AN ELECTION HELD ON THE 29TH DAY OF AUGUST, 1959. WHEREAS, THE QUALIFIED VOTERS OF THE CITY OF CORPUS CHRISTI, TEXAS DID, ON THE 29TH DAY OF AUGUST, 1959, AT AN ELECTION CALLED BY ORDINANCE NO. 5456, AUTHORIZE THE CITY COUNCIL TO ENACT AN ORDINANCE GRANTING A LEASE TO THE CORPUS CHRISTI BANK AND TRUST COMPANY, TRUSTEE, AS LESSEE, CERTAIN LANDS DESCRIBED IN SAID LEASE, FOR A TERM OF 30 YEARS; AND WHEREAS, THE AFORESAID LAND TO BE LEASED TO THE CORPUS CHRISTI BANK AND TRUST COMPANY, TRUSTEE, AS LESSEE, COMPRISES SEVEN TRACTS OF LAND OUT OF THE NEW MUNICIPAL AIRPORT PROPERTY LOCATED IN NUECES COUNTY, TEXAS; AND WHEREAS, IN ORDER TO DEVELOP THE NEW CORPUS CHRISTI MUNICIPAL AIRPORT AS PLANNED, IT IS NECESSARY FOR THE CITY TO ENTER INTO A LEASE AGREEMENT WITH SAID BANK. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS. SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, A LEASE AGREEMENT WITH THE CORPUS CHRISTI BANK AND TRUST COMPANY, TRUSTEE, AS LESSEE, SEVEN TRACTS OF LAND OUT OF THE NEW CORPUS CHRISTI MUNICIPAL AIR- PORT PROPERTY LOCATED IN NUECES COUNTY, TEXAS, FOR A PERIOD OF 30 YEARS, SAID LEASE AGREEMENT BEING IN WORDS AND FIGURES AS FOLLOWS, TO -WIT: 5524 13 LEASE THE STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT MADE AND ENTERED INTO AS OF THE DAY OF 19591 BY AND BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, ACTING HEREIN BY AND THROUGH ITS CITY MANAGER, HEREINAFTER CALLED THE CITY, AND THE CORPUS CHRISTI BANK AND TRUST COMPANY, TRUSTEE, HEREINAFTER CALLED THE LESSEE: W I T N E S S E T H : IN CONSIDERATION OF THE RESERVATIONS, COVENANTS, AND AGREEMENTS HERE- INAFTER SET FORTH, AND PURSUANT TO THE AUTHORITY GRANTED BY A MAJORITY OF THE QUALIFIED VOTERS, VOTING AT AN ELECTION HELD 01959, VOT- ING IN FAVOR OF EXECUTION OF THIS LEASE, THE CITY DOES HEREBY GRANT, DEMISE, LEASE, AND LET -UNTO THE LESSEE THOSE CERTAIN PARCELS OR TRACTS OF LAND LOCATED NEAR CORPUS CHRISTI, IN NUECES COUNTY, TEXAS, HEREINAFTER MORE PARTICULARLY DESCRIBED. THE LESSEE SHALL, UNTIL USED OR SUB - LEASED, PAY A RENTAL OF ONE DOLLAR ($1.00) PER YEAR FOR THE LANDS HEREBY LEASED. AS TO ALL PORTIONS IM- PROVED BY LESSEE AND NOT ASSIGNED OR SUB - LEASED THE RENTAL SHALL BE FIXED AT THE TIME OF APPROVAL OF SUCH IMPROVEMENTS FOR CONSTRUCTION AT A RENTAL EQUIVALENT TO SIX PERCENT (6%) PER ANNUM OF THE VALUE OF THE LAND INVOLVED VALUED AS IMPROVED AND PART OF THE CITY MUNICIPAL AIRPORT AND SUCH RENTAL SHALL BE SUBJECT TO RE- VISION AT THE OPTION OF THE CITY AT FIVE (5) YEAR INTERVALS ON THE BASIS OF A SIX PERCENT (E) %) ANNUAL RENTAL ON THE VALUE OF SUCH LAND AS IMPROVED AND PART OF THE SAID AIRPORT. THE LANDS HEREBY LEASED ARE MORE PARTICULARLY DESCRIBED AS FOLLOWS: SEVEN (7) TRACTS OF LAND OUT OF THE NEW MUNICIPAL AIRPORT PROPERTY LOCATED IN NUECES COUNTY, TEXAS, AS FOLLOWS: LEASE TRACT N0. 1 BEING 51.91 ACRES OUT OF A TRACT OF LAND FORMERLY OWNED BY RAND MORGAN, AND 194.44 ACRES OUT OF TRACT OF LAND FORMERLY OWNED BY F. B. SECHRIST; LEASE TRACT N0. 2 BEING 103.36 ACRES OUT OF A TRACT OF LAND FORMERLY OWNED BY C. J. HOELSCHER, AND 31.64 ACRES OF LAND FORMERLY OWNED BY GUARANTY TITLE AND TRUST COMPANY; LEASE TRACT NO. 3 BEING 148 ACRES doy OF A TRACT OF q.AND FORMERLY OWNED BY GUARANTY TITLE AND TRUST COMPANY; LEASE TRACT NO. 4 BEING 7.8 ACRES OUT OF A TRACT OF LAND FORMERLY OWNED BY J. L. SCOGIN; LEASE TRACT N0. 5 BEING 63.95 ACRES OUT OF A TRACT OF LAND FORMERLY OWNED BY RAND MORGAN, AND 0.05 _ACRES OUT OF A TRACT OF LAND FORMERLY OWNED BY F. B. SECHRIST; LEASE TRACT N0. 6 BEING THAT PORTION OF THE NEW MUNICIPAL AIRPORT TERMINAL BUILDING DESIGNATED FOR USE AS A RESTAURANT AND CATERING SERVICE; LEASE TRACT N0. 7 BEING 10.04 ACRES OUT OF A TRACT OF LAND FORMERLY OWNED BY M. M. GABRIEL, AND ACRES OUT OF A TRACT OF LAND FORMERLY OWNED BY CECILIA KELLEY; ALL OF THE AFORESAID TRACTS OF LAND HAVING BEEN ACQUIRED AND NOW OWNED BY THE CITY OF CORPUS CHRISTI FOR A NEW MUNICIPAL AIR- PORT AND RELATED AVIATION USES; SUCH TRACTS TO BE LOCATED SO AS TO CONFORM TO THE PLANS FOR THE NEW MUNICIPAL AIRPORT OF THE CITY OF CORPUS CHRISTI; SAID TRACTS OF LAND AND SAID NEW MUNICIPAL AIRPORT SITE BEING LOCATED IMMEDI- ATELY SOUTH OF AND ADJACENT TO STATE HIGHWAY 44 IN THE IMMEDIATE VICINITY OF STATE FM ROAD 763; ALL OF SAID LEASE TRACTS AND ALL OF SAID LAND LOCATED AND IN SUCH SIZE AND SHAPES AS SHOWN AND AS DESCRIBED ON THE MAP OR MASTER PLAN OF THE NEW CORPUS CHRISTI MUNICIPAL AIRPORT,,WHICH IS ATTACHED HERETO AND MADE A PART HEREOF FOR ALL INTENTS AND PURPOSES AS IF COPIED VERBATIM HEREIN. TO HAVE AND TO HOLD THE SAID PREMISES FOR A TERM BEGINNING WITH THE DATE FIRST HEREINABOVE SET FORTH AND ENDING THIRTY (30) YEARS THEREAFTER, UNLESS SOONER TERMINATED AS HEREINAFTER PROVIDED. THE LEASE HEREIN GRANTED SHALL BE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 1. THERE IS RESERVED UNTO THE CITY FULL TITLE IN AND POSSESSION, USE AND CONTROL OF ALL PORTIONS OF THE AIRPORT PREMISES, AND ALL PARTS THEREOF NOT HEREBY EXPRESSLY LEASED ARE SPECIFICALLY EXCLUDED FROM THE TERMS OF THIS LEASE, AND THE CITY AND ALL ITS AGENCIES SHALL BE GIVEN FREE ACCESS THERETO. UTILITY CONNECTIONS TO THE PROPERTY HEREBY LEASED SHALL NOT BE MADE OR DIS- CONNECTED WITHOUT THE PRIOR CONSENT OF THE CITY, AND ALL UTILITIES THEREON SHALL BE SEPARATELY METERED WITH PAYMENTS THEREFOR TO BE AT COST OF THE LESSEE. 2. THIS LEASE SHALL BE TERMINABLE BY THE CITY AT ANY TIME DURING ITS TERM AS TO ALL OR ANY PART THEREOF CONCERNING WHICH THERE IS A BREACH OF THE PROVISIONS HEREOF BY THE LESSEE, ITS SUB - LESSEE OR ASSIGN. 3. THE LESSEE, ITS AGENTS, OFFICERS, SUB - LESSEES, OR TENANTS WILL USE THE DEMISED PREMISES LEASED HEREUNDER, AND THE FACILITIES WHICH MAY BE PLACED THEREON, FOR PURPOSES TO WHICH THEY ARE ADAPTED AND SUCH OTHER PURPOSES AS CON- DUCE TO THE GENERAL WELFARE OF CITIZENS AND RESIDENTS OF THE CITY, INCLUD- ING WITHOUT LIMITATION OF THE GENERALITY OF THE FOREGOING, AS PART OF A -2- MUNICIPAL AIRPORT AND AIR FACILITY. 4. CONTINUOUSLY DURING THE TERM OF THIS LEASE, THE DEMISED PREMISES WILL BE OPERATED AS A PART OF AND INCIDENTAL TO THE OPERATION OF A PUBLIC AIRPORT, FOR THE BENEFIT OF THE PUBLIC, ON FAIR AND REASONABLE TERMS AND WITH- OUT UNJUST DISCRIMINATION. THE LESSEE, IN CONNECTION WITH THE OPERATION OF THE PREMISES AND FACILITIES COVERED BY THIS LEASE, SHALL COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE FEDERAL AVIATION AGENCY AND THE UNITED STATES DEPARTMENT OF COMMERCE ACTING BY AND THROUGH THE FEDERAL AVIATION AGENCY. 5. THE LESSEE WILL MAINTAIN AND KEEP THE DEMISED PREMISES IN A CLEAN, SAFE AND HEALTHFUL CONDITION ACCORDING TO ANY APPLICABLE FEDERAL OR STATE LAWS AND MUNICIPAL ORDINANCES, AND WILL COMPLY WITH ALL LAWFUL DIRECTIVES BY PROPER PUBLIC OFFICIALS IN RESPECT THERETO DURING THE TERM OF THIS LEASE OR ANY RENEWAL THEREOF. UPON THE EXPIRATION OF THIS LEASE OR EARLIER TERMINATION THEREOF, THE LESSEE WILL DELIVER UP AND SURRENDER THE DEMISED PREMISES TO THE CITY IN AS GOOD ORDER, CONDITION, AND REPAIR AS THE DEMISED PREMISES WERE IN AT THE BEGINNING OF THE TERM OF THIS LEASE, DAMAGE BY ACTS OF GOD OR OF A PUBLIC ENEMY, ORDINARY WEAR, TEAR AND DETERIORATION AND OTHER CAUSES BEYOND THE LESSEE'S CONTROL EXCEPTED, AND WITH SUCH BUILDINGS AND STRUCTURES ATTACHED THERETO AS MAY HAVE BEEN PLACED THEREON BY LESSEE OR ITS ASSIGNS OR SUB- LESSEES UNLESS THE CITY COUNCIL DIRECTS THAT CERTAIN ASSIGNMENTS AND SUB- LEASES PROVIDE THAT CERTAIN BUILDINGS AND STRUC- TURES MAY BE REMOVED AT THE END OF THE TERM OR UPON AN EARLIER TERMINATION. 6. ALL SUB - LEASES AND ASSIGNMENTS SHALL BE IN SUCH TERMS AND CONTAIN SUCH PROVISIONS AS MAY BE REQUIRED OR APPROVED BY THE CITY COUNCIL, INCLUDING THE PROVISION REQUIRINQ THE PAYMENT OF REASONABLE RENTALS PAYABLE AT SUCH INTER- VALS AS DETERMINED BY THE CITY COUNCIL, SUCH RENTALS TO BE NO LESS THAN A RENTAL OF SIX PERCENT (6 %) PER YEAR ON THE VALUE OF THE LAND INVOLVED IMPROVED AS A PART OF AN AIRPORT. SUCH RENTAL SHALL BE SUBJECT TO REVISION AT INTERVALS OF FIVE (5) YEARS SO AS TO RETURN AT LEAST SIX PERCENT (6 %) OF THE VALUE OF LAND SO LEASED. 7. THE LESSEE, ALL ASSIGNEES AND SUB - LESSEES SHALL CARRY AND KEEP IN FORCE PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE ADEQUATE TO PROTECT THE CITY AND THE PUBLIC. LESSEE OR ITS ASSIQNEES OR SUB - LESSEES SHALL CARRY FIRE -3- • L Z � AND COMPREHENSIVE COVERAGE INSURANCE PAYABLE TO THE CITY, SUBJECT TO USE BY LESSEE, ASSIGNEE OR SUB- LESSEE FOR RESTORING THE BUILDING IN SUCH AMOUNT AS IS ADEQUATE TO COVER THE VALUE OF PERMANENT IMPROVEMENTS PLACED ON SUCH LEASED PREMISES. 8. THE LESSEE, ITS SUB - LESSEES OR ASSIGNS, SHALL, DURING THE TERM OF THIS LEASE, HAVE THE RIGHT TO MAKE ALTERATIONS, ATTACH FIXTURES, AND CON- STRUCT OR ERECT ADDITIONS, STRUCTURES, OR SIGNS IN AND UPON THE DEMISED PREMISES ONLY WITH THE WRITTEN CONSENT OF THE CITY ACTING BY AND THROUGH ITS CITY MANAGER OR OTHER OFFICER OF THE CITY DESIGNATED BY HIM. TITLE TO ALL STRUCTURES, FACILI- TIES, ADDITIONS, FIXTURES AND IMPROVEMENTS PLACED, INSTALLED OR CONSTRUCTED UPON THE DEMISED PREMISES BY THE CITY SHALL REMAIN IN THE LESSEE, ASSIGNEE OR SUB- LESSEE UNTIL THE TERMINATION OF THIS LEASE AS TO ALL OR ANY PORTION OF THE PREMISES HEREBY LEASED, AND SUCH PROPERTY MAY NOT BE REMOVED BY SUCH LESSEE, ASSIGNEE OR SUB - LESSEE UPON THE EXPIRATION OF THIS LEASE OR UPON THE EARLIER TERMINATION THEREOF. THE CITY COUNCIL MAY DIRECT THAT SOME ASSIGNMENTS OR SUB- LEASES WILL ENTITLE SUCH ASSIGNEES OR SUB - LESSEES TO REMOVE THEIR IMPROVEMENTS AT THE END OF THE TERM OR UPON TERMINATION. 9. THAT THE LESSEE, TOGETHER WITH ITS AGENTS, SUB - LESSEES, TENANTS OR ASSIGNS, WILL SAVE THE CITY HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES BY REASON OF INJURY TO ANY PERSON OR PERSONS OR PROPERTY THEREOF WHILE IN, UPON, OR ABOUT THE LEASED PREMISES OR RIGHTS -OF -WAY ADJACENT OR APPURTENANT TO THE SAID PREMISES DURING THE TERM OF THIS LEASE AND NOT CAUSED IN WHOLE OR IN PART BY THE NEGLIGENT ACTS OF THE CITY, ITS AGENTS, SERVANTS, EMPLOYEES OR REPRESENTA- TIVES. 10. THE CITY SHALL HAVE THE RIGHT TO SPECIFY THE USE TO BE MADE OF THE LAND LEASED HEREBY THROUGH USE OR MANAGEMENT AGREEMENTS, ASSIGNMENTS OR SUB - LEASES. THE USE OF ALL LAND SHALL BE FOR THE OPERATION OF ANY BUSINESS OR ENTERPRISE WHICH IS REASONABLY NECESSARY TO THE PROPER CONDUCT AND OPERATION OF A PUBLIC AIRPORT AND FOR THE CONVENIENCE OF THE GENERAL PUBLIC USING AIR TRANSPORTATION FACILITIES IN DOMESTIC AND FOREIGN AIR COMMERCE, AND FOR SUCH 1 1 OTHER USES PERMITTED IN WRITING BY THE CITY. 11. THE LESSEE, ASSIGNEE OR SUB - LESSEE SHALL STORE NO MATERIALS OR SUPPLIES IN OR ABOUT THE SAID PREMISES WHICH WILL INCREASE THE FIRE HAZARD OR CONSTITUTE AN UNUSUAL RISK IN THAT CONNECTION, AND THE LESSEE, ASSIGNEE OR SUB- LESSEE SHALL AT ALL TIMES USE THE PREMISES IN SUCH MANNER AS NOT TO ENDANGER PROPERTY OF THE CITY OR OTHER PERSONS AUTHORIZED TO USE THE AIR- PORT PREMISES OR FACILITIES OR ANY PART THEREOF. 12. THIS LEASE IS RESTRICTED TO THE LESSEE AND ITS LAWFULLY CREATED SUCCESSOR OR SUCCESSORS IN INTEREST AND THE RIGHTS AND PRIVILEGES HEREIN GRANTED SHALL NOT OTHERWISE BE ASSIGNED OR TRANSFERRED IN ANY MANNER WITHOUT THE CONSENT OF THE CITY OBTAINED BEFOREHAND IN WRITING, AND SUCH ASSIGNMENT OR TRANSFER SHALL BE SUBJECT TO ALL OF THE CONDITIONS AND PROVISIONS OF THIS AGREE- MENT. 13. THE CITY RESERVES THE RIGHT TO ENTER THE SAID PREMISES AT ANY TIME DURING THE EXISTENCE OF THIS LEASE FOR THE PURPOSE OF INSPECTING THE SAME IN ORDER TO DETERMINE WHETHER THE TERMS HEREOF ARE BEING OBSERVED AND CARRIED OUT BY THE LESSEE. 14. EACH AND-EVERY ASSIGNMENT OR SUB -LEASE SHALL, WHEN APPROVED BY THE CITY, BE CONSIDERED AS SEVERED AND THEREAFTER BE SEPARATED, FROM THE PART OR PORTION OF THE LANDS NOT COVERED IN SUCH SUB- LEASE, AND AS TO THE LANDS COVERED IN SUCH ASSIGNMENT OR SUB - LEASE, BE SUBJECT TO CANCELLATION OR FORFEITURE ONLY FOR BREACH OF THIS LEASE AND /OR THE PROVISIONS OF THE ASSIGNMENT OR SUB- LEASE AS APPLIED TO THE LAND COVERED IN SUCH SUB - LEASE. 15. THE CITY RESERVES THE RIGHT TO EXCLUDE ANY AND ALL PORTIONS OF THE ABOVE DESCRIBED PROPERTY FROM THIS LEASE BY PROVIDING NOTICE IN WRITING TO LESSEE AT LEAST 10 DAYS PRIOR TO SUCH EXCLUSION, SAID NOTICE SETTING OUT THE PORTION OR PORTIONS TO BE EXCLUDED, PROVIDED NO EXCLUSION WILL BE MADE OF PROPERTY PREVIOUSLY ASSIGNED OR SUB- LEASED BY LESSEE UNDER THE TERMS OF THIS LEASE AGREEMENT. THE LESSEE WILL BE ENTITLED TO A PRO -RATA REDUCTION IN THE ANNUAL RENTAL PAID BY LESSEE FOR ALL PORTIONS EXCLUDED UNDER THIS PROVISION. 16. THE CITY FURTHER EXCLUDES FROM THIS LEASE ANY AND ALL MINERALS AND THE RIGHT TO PROSPECT FOR SAME IN AND UPON THE LEASED LAND, PROVIDED, HOWEVER, t -5- THAT THE RIGHTS SO RESERVED SHALL NOT BE EXERCISED IN SUCH MANNER AS TO INTERFERE WITH THE USE OF THE LEASED LAND FOR AIRPORT PURPOSES. 17. THIS LEASE IS SUBJECT TO THAT CERTAIN TRUST AGREEMENT MADE BETWEEN LESSOR AND LESSEE OF EVEN DATE HEREWITH. IN WITNESS WHEREOF, THE PARTIES HERETO HAVE CAUSED THIS LEASE TO BE EXECUTED, THIS THE DAY OF , 1959. ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM THIS DAY OF , 1959: CITY ATTORNEY ATTEST: SECRETARY _6_ CITY OF CORPUS CHRISTI, TEXAS BY HERBERT W. WHITNEY CITY MANAGER CORPUS CHRISTI BANK & TRUST COMPANY, TRUSTEE PRESIDENT l THAT THE FOREGOING ORDINANCE WAS AD FOR THE IR TIME ANIZ, PASSED TO ITS SECOND READING ON THIS THE DAY OF ' t9 BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD - MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE � GABE/1.. LOZANO, SR. i THAT THE FOREGOING ORDINANCE WA EAD FOR T S D TIME AND PASSED TO ITS THIRD READING ON THIS THE DAY OF s 191 BY THE FOLLOWING VOTE: ELLROY KING / JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE /),.. LOZANO, SR. THAT THE FOREGOING 0 INANCE W VRE F08 T9�eRD TIME AND PASSED FINALLY ON THIS THE�DAY OF fll?t/ 1 ,.J BY THE FOLLOWING VOTE: ------ --���-- ���--- ffffff ---- ELLROY KING CLIP JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE oor GABE Y LOZANOS SR.� //j PASSED AND APPROVED, THIS THE / V DAY of 19. ATTE t �/ MAYOR CITY SECRET Y THE CITY j0FRPUS CH I TI' TEXAS APPROV TO LEGAL 0 THIS AY 19 OF J�. CITY A T TO RNEY